THE ENVIRONMENT (PROTECTION) ACT, 1986.pdf

8/20/2019 THE ENVIRONMENT (PROTECTION) ACT, 1986.pdf

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THE ENVIRONMENT

(PROTECTION) ACT, 1986

No. 29 OF 1986

[23rd May, 1986.]

An Act to provide for the protection and improvement of

environment and for matters connected there with:

WHEREAS the decisions were taken at the UnitedNationsConference on the Human Environment held at

Stockholm in June, 1972, in which India participated, to take

appropriate steps for the protection and improvement ofhuman environment;

AND WHEREAS it is considered necessary further toimplement the decisions aforesaid in so far as they relate to

the protection and improvement of environment and theprevention of hazards to human beings, other living creatures,

plants and property;

BE it enacted by Parliament in the Thirty-seventh Year of theRepublic of India as follows:-

CHAPTER I

PRELIMINARY

1.SHORT TITLE, EXTEND AND COMMENCEMENT


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(1) This Act may be called the Environment (Protection) Act,

1986.

(2) It extends to the whole of India.

(3) It shall come into force on such date as the CentralGovernment may, by notification in the Official Gazette,

appoint and different dates may be appointed for different

provisions of this Act and for different areas.1

2.DEFINITIONS

In this Act, unless the context otherwise requires,--

(a) "environment" includes water, air and land and the inter-

relationship which exists among and between water, air and

land, and human beings, other living creatures, plants, micro-

organism and property;

(b) "environmental pollutant" means any solid, liquid or

gaseous substance present in such concentration as may be, ortend to be, injurious to environment;

(c) "environmental pollution" means the presence in the

environment of any environmental pollutant;

(d) "handling", in relation to any substance, means the

manufacture, processing, treatment, package, storage,

transportation, use, collection, destruction, conversion,

offering for sale, transfer or the like of such substance;

(e) "hazardous substance" means any substance or

preparation which, by reason of its chemical or physico-


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chemical properties or handling, is liable to cause harm tohuman beings, other living creatures, plant, micro-organism,

property or the environment;

(f) "occupier", in relation to any factory or premises, means aperson who has, control over the affairs of the factory or the

premises and includes in relation to any substance, the person

in possession of the substance;

(g) "prescribed" means prescribed by rules made under this

Act.

CHAPTER II

GENERAL POWERS OF THE CENTRAL

GOVERNMENT

3. POWER OF CENTRAL GOVERNMENT TO TAKE

MEASURES TO PROTECT AND IMPROVE

ENVIRONMENT

(1) Subject to the provisions of this Act, the Central

Government, shall have the power to take all such measures

as it deems necessary or expedient for the purpose ofprotecting and improving the quality of the environment and

preventing controlling and abating environmental pollution.

(2) In particular, and without prejudice to the generality of theprovisions of sub-section (1), such measures may include

measures with respect to all or any of the following matters,namely:--


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(i) co-ordination of actions by the State Governments, officersand other authorities--

(a) under this Act, or the rules made thereunder, or

(b) under any other law for the time being in force whichis relatable to the objects of this Act;

(ii) planning and execution of a nation-wide programme for

the prevention, control and abatement of environmental

pollution;

(iii) laying down standards for the quality of environment in

its various aspects;

(iv) laying down standards for emission or discharge ofenvironmental pollutants from various sources whatsoever:

Provided that different standards for emission or dischargemay be laid down under this clause from different sourceshaving regard to the quality or composition of the emission or

discharge of environmental pollutants from such sources;

(v) restriction of areas in which any industries, operations or

processes or class of industries, operations or processes shallnot be carried out or shall be carried out subject to certain

safeguards;

(vi) laying down procedures and safeguards for the

prevention of accidents which may cause environmental

pollution and remedial measures for such accidents;

(vii) laying down procedures and safeguards for the handling


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of hazardous substances;

(viii) examination of such manufacturing processes, materials

and substances as are likely to cause environmental pollution;

(ix) carrying out and sponsoring investigations and researchrelating to problems of environmental pollution;

(x) inspection of any premises, plant, equipment, machinery,

manufacturing or other processes, materials or substances and

giving, by order, of such directions to such authorities,

officers or persons as it may consider necessary to take stepsfor the prevention, control and abatement of environmental

pollution;

(xi) establishment or recognition of environmental

laboratories and institutes to carry out the functions entrusted

to such environmental laboratories and institutes under thisAct;

(xii) collection and dissemination of information in respect of

matters relating to environmental pollution;

(xiii) preparation of manuals, codes or guides relating to the

prevention, control and abatement of environmental pollution;

(xiv) such other matters as the Central Government deems

necessary or expedient for the purpose of securing the

effective implementation of the provisions of this Act.

(3) The Central Government may, if it considers it necessaryor expedient so to do for the purpose of this Act, by order,

published in the Official Gazette, constitute an authority or


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authorities by such name or names as may be specified in the

order for the purpose of exercising and performing such ofthe powers and functions (including the power to issue

directions under section 5) of the Central Government under

this Act and for taking measures with respect to such of the

matters referred to in sub-section (2) as may be mentioned in

the order and subject to the supervision and control of theCentral Government and the provisions of such order, such

authority or authorities may exercise and powers or perform

the functions or take the measures so mentioned in the order

as if such authority or authorities had been empowered by this

Act to exercise those powers or perform those functions ortake such measures.

4. APPOINTMENT OF OFFICERS AND THEIR

POWERS AND FUNCTIONS

(1) Without prejudice to the provisions of sub-section (3) ofsection 3, the Central Government may appoint officers with

such designation as it thinks fit for the purposes of this Act

and may entrust to them such of the powers and functionsunder this Act as it may deem fit.

(2) The officers appointed under sub-section (1) shall be

subject to the general control and direction of the CentralGovernment or, if so directed by that Government, also of the

authority or authorities, if any, constituted under sub- section

(3) of section 3 or of any other authority or officer.

5. POWER TO GIVE DIRECTIONS

Notwithstanding anything contained in any other law but

subject to the provisions of this Act, the Central Government


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may, in the exercise of its powers and performance of its

functions under this Act, issue directions in writing to anyperson, officer or any authority and such person, officer or

authority shall be bound to comply with such directions.3

Explanation--For the avoidance of doubts, it is hereby

declared that the power to issue directions under this section

includes the power to direct--

(a) the closure, prohibition or regulation of any industry,

operation or process; or

(b) stoppage or regulation of the supply of electricity or water

or any other service.

6. RULES TO REGULATE ENVIRONMENTAL

POLLUTION

(1) The Central Government may, by notification in theOfficial Gazette, make rules in respect of all or any of the

matters referred to in section 3.

(2) In particular, and without prejudice to the generality of theforegoing power, such rules may provide for all or any of the

following matters, namely:--

(a) the standards of quality of air, water or soil for various

areas and purposes;4

(b) the maximum allowable limits of concentration of

various environmental pollutants (including noise) fordifferent areas;


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(c) the procedures and safeguards for the handling of

hazardous substances;5

(d) the prohibition and restrictions on the handling of

hazardous substances in different areas;6

(e) the prohibition and restriction on the location of

industries and the carrying on process and operations in

different areas;7

(f) the procedures and safeguards for the prevention of

accidents which may cause environmental pollution and

for providing for remedial measures for such accidents.8

CHAPTER III

PREVENTION, CONTROL, AND ABATEMENT OFENVIRONMENTAL POLLUTION

7. PERSONS CARRYING ON INDUSTRY OPERATION,

ETC., NOT TO ALLOW EMISSION OR DISCHARGE

OF ENVIRONMENTAL POLLUTANTS IN EXCESS OF

THE STANDARDS

No person carrying on any industry, operation or process

shall discharge or emit or permit to be discharged or emittedany environmental pollutants in excess of such standards as

may be prescribed.9

8. PERSONS HANDLING HAZARDOUS SUBSTANCES

TO COMPLY WITH PROCEDURAL SAFEGUARDS


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No person shall handle or cause to be handled any hazardous

substance except in accordance with such procedure and after

complying with such safeguards as may be prescribed.10

9. FURNISHING OF INFORMATION TOAUTHORITIES AND AGENCIES IN CERTAIN CASES

(1) Where the discharge of any environmental pollutant in

excess of the prescribed standards occurs or is apprehended

to occur due to any accident or other unforeseen act or event,

the person responsible for such discharge and the person in

charge of the place at which such discharge occurs or isapprehended to occur shall be bound to prevent or mitigatethe environmental pollution caused as a result of such

discharge and shall also forthwith--

(a) intimate the fact of such occurrence or apprehension

of such occurrence; and

(b) be bound, if called upon, to render all assistance,

to such authorities or agencies as may be prescribed.11

(2) On receipt of information with respect to the fact or

apprehension on any occurrence of the nature referred to in

sub-section (1), whether through intimation under that sub-section or otherwise, the authorities or agencies referred to in

sub-section (1) shall, as early as practicable, cause such

remedial measures to be taken as necessary to prevent or

mitigate the environmental pollution.

(3) The expenses, if any, incurred by any authority or agency

with respect to the remedial measures referred to in sub-


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section (2), together with interest (at such reasonable rate as

the Government may, by order, fix) from the date when a

demand for the expenses is made until it is paid, may berecovered by such authority or agency from the person

concerned as arrears of land revenue or of public demand.

10. POWERS OF ENTRY AND INSPECTION

(1) Subject to the provisions of this section, any person

empowered by the Central Government in this behalf12 shall

have a right to enter, at all reasonable times with such

assistance as he considers necessary, any place--

(a) for the purpose of performing any of the functions of

the Central Government entrusted to him;

(b) for the purpose of determining whether and if so in

what manner, any such functions are to be performed orwhether any provisions of this Act or the rules made

thereunder orany notice, order, direction or authorisation

served, made, given or granted under this Act is being orhas been complied with;

(c) for the purpose of examining and testing any

equipment, industrial plant, record, register, document orany other material object or for conducting a search of

any building in which he has reason to believe that an

offence under this Act or the rules made thereunder has

been or is being or is about to be committed and for

seizing any such equipment, industrial plant, record,

register, document or other material object if he hasreason to believe that it may furnish evidence of the

commission of an offence punishable under this Act or the


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rules made thereunder or that such seizure is necessary to

prevent or mitigate environmental pollution.

(2) Every person carrying on any industry, operation or

process of handling any hazardous substance shall be bound

to render all assistance to the person empowered by the

Central Government under sub-section (1) for carrying outthe functions under that sub-section and if he fails to do so

without any reasonable cause or excuse, he shall be guilty of

an offence under this Act.

(3) If any person wilfully delays or obstructs any personsempowered by the Central Government under sub-section (1)

in the performance of his functions, he shall be guilty of an

offence under this Act.

(4) The provisions of the Code of Criminal Procedure, 1973,

or, in relation to the State of Jammu and Kashmir, or an areain which that Code is not in force, the provisions of any

corresponding law in force in that State or area shall, so far as

may be, apply to any search or seizures under this section asthey apply to any search or seizure made under the authority

of a warrant issued under section 94 of the said Code or as

the case may be, under the corresponding provision of the

said law.

11. POWER TO TAKE SAMPLE AND PROCEDURE TO

BE FOLLOWED IN CONNECTION THEREWITH

(1) The Central Government or any officer empowered by it

in this behalf,13 shall have power to take, for the purpose ofanalysis, samples of air, water, soil or other substance from

any factory, premises or other place in such manner as may


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be prescribed.14

(2) The result of any analysis of a sample taken under sub-

section (1) shall not be admissible in evidence in any legal

proceeding unless the provisions of sub-sections (3) and (4)are complied with.

(3) Subject to the provisions of sub-section (4), the persontaking the sample under sub-section (1) shall--

(a) serve on the occupier or his agent or person in charge

of the place, a notice, then and there, in such form as maybe prescribed, of his intention to have it so analysed;

(b) in the presence of the occupier of his agent or person,

collect a sample for analysis;

(c) cause the sample to be placed in a container orcontainers which shall be marked and sealed and shall

also be signed both by the person taking the sample and

the occupier or his agent or person;

(d) send without delay, the container or the containers to

the laboratory established or recognised by the Central

Government under section 12.

(4) When a sample is taken for analysis under sub-section (1)

and the person taking the sample serves on the occupier or his

agent or person, a notice under clause (a) of sub-section (3),then,--

(a) in a case where the occupier, his agent or person

wilfully absents himself, the person taking the sample


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shall collect the sample for analysis to be placed in a

container or containers which shall be marked and sealed

and shall also be signed by the person taking the sample,

and

(b) in a case where the occupier or his agent or person

present at the time of taking the sample refuses to sign the

marked and sealed container or containers of the sampleas required under clause (c) of sub-section (3), the

marked and sealed container or containers shall be signed

by the person taking the samples, and the container or

containers shall be sent without delay by the person takingthe sample for analysis to the laboratory established orrecognised under section 12 and such person shall inform

the Government Analyst appointed or recognised under

section 12 in writing, about the wilfull absence of the

occupier or his agent or person, or, as the case may be,

his refusal to sign the container or containers.

12.ENVIRONMENTAL LABORATORIES

(1) The Central Government15 may, by notification in the

Official Gazette,--

(a) establish one or more environmental laboratories;

(b) recognise one or more laboratories or institutes as

environmental laboratories to carry out the functions

entrusted to an environmental laboratory under this Act.16

(2) The Central Government may, by notification in the

Official Gazette, make rules specifying--


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(a) the functions of the environmental laboratory;17

(b) the procedure for the submission to the said laboratory

of samples of air, water, soil or other substance for

analysis or tests, the form of the laboratory report thereonand the fees payable for such report;18

(c) such other matters as may be necessary or expedient

to enable that laboratory to carry out its functions.

13. GOVERNMENT ANALYSTS

The Central Government may by notification in the Official

Gazette, appoint or recognise such persons as it thinks fit and

having the prescribed qualifications19 to be Government

Analysts for the purpose of analysis of samples of air, water,soil or other substance sent for analysis to any environmental

laboratory established or recognised under sub-section (1) ofsection 12.

14. REPORTS OF GOVERNMENT ANALYSTS

Any document purporting to be a report signed by a

Government analyst may be used as evidence of the factsstated therein in any proceeding under this Act.

15. PENALTY FOR CONTRAVENTION OF THE

PROVISIONS OF THE ACT AND THE RULES,

ORDERS AND DIRECTIONS

(1) Whoever fails to comply with or contravenes any of theprovisions of this Act, or the rules made or orders ordirections issued thereunder, shall, in respect of each such


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failure or contravention, be punishable with imprisonment for

a term which may extend to five years with fine which may

extend to one lakh rupees, or with both, and in case the

failure or contravention continues, with additional fine which

may extend to five thousand rupees for every day duringwhich such failure or contravention continues after the

conviction for the first such failure or contravention.

(2) If the failure or contravention referred to in sub-section(1) continues beyond a period of one year after the date of

conviction, the offender shall be punishable with

imprisonment for a term which may extend to seven years.

16. OFFENCES BY COMPANIES

(1) Where any offence under this Act has been committed by

a company, every person who, at the time the offence was

committed, was directly in charge of, and was responsible to,the company for the conduct of the business of the company,

as well as the company, shall be deemed to be guilty of the

offence and shall be liable to be proceeded against and

punished accordingly:

Provided that nothing contained in this sub-section shall

render any such person liable to any punishment provided in

this Act, if he proves that the offence was committed withouthis knowledge or that he exercised all due diligence to

prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1),

where an offence under this Act has been committed by acompany and it is proved that the offence has been committed

with the consent or connivance of, or is attributable to any


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neglect on the part of, any director, manager, secretary or

other officer of the company, such director, manager,

secretary or other officer shall also deemed to be guilty of

that offence and shall be liable to be proceeded against and

punished accordingly.

Explanation--For the purpose of this section,--

(a) "company" means any body corporate and includes a

firm or other association of individuals;

(b) "director", in relation to a firm, means a partner in thefirm.

17. OFFENCES BY GOVERNMENT DEPARTMENTS

(1) Where an offence under this Act has been committed by

any Department of Government, the Head of the Department

shall be deemed to be guilty of the offence and shall be liable

to be proceeded against and punished accordingly.

Provided that nothing contained in this section shall render

such Head of the Department liable to any punishment if he

proves that the offence was committed without his knowledge

or that he exercise all due diligence to prevent thecommission of such offence.

(2) Notwithstanding anything contained in sub-section (1),where an offence under this Act has been committed by a

Department of Government and it is proved that the offence

has been committed with the consent or connivance of, or isattributable to any neglect on the part of, any officer, other

than the Head of the Department, such officer shall also be


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deemed to be guilty of that offence and shall be liable to be

proceeded against and punished accordingly.

CHAPTER IV

MISCELLANEOUS

18. PROTECTION OF ACTION TAKEN IN GOOD

FAITH

No suit, prosecution or other legal proceeding shall lie againstthe Government or any officer or other employee of the

Government or any authority constituted under this Act or any

member, officer or other employee of such authority in

respect of anything which is done or intended to be done ingood faith in pursuance of this Act or the rules made or

orders or directions issued thereunder.

19. COGNIZANCE OF OFFENCES

No court shall take cognizance of any offence under this Act

except on a complaint made by--

(a) the Central Government or any authority or officerauthorised in this behalf by that Government,20 or

(b) any person who has given notice of not less than sixty

days, in the manner prescribed, of the alleged offence andof his intention to make a complaint, to the Central

Government or the authority or officer authorised asaforesaid.


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20. INFORMATION, REPORTS OR RETURNS

The Central Government may, in relation to its function under

this Act, from time to time, require any person, officer, StateGovernment or other authority to furnish to it or any

prescribed authority or officer any reports, returns, statistics,

accounts and other information and such person, officer, State

Government or other authority shall be bound to do so.

21. MEMBERS, OFFICERS AND EMPLOYEES OF THE

AUTHORITY CONSTITUTED UNDER SECTION 3 TO

BE PUBLIC SERVANTS

All the members of the authority, constituted, if any, under

section 3 and all officers and other employees of such

authority when acting or purporting to act in pursuance of any

provisions of this Act or the rules made or orders or directions

issued thereunder shall be deemed to be public servantswithin the meaning of section 21 of the Indian Penal Code (45

of 1860).

22. BAR OF JURISDICTION

No civil court shall have jurisdiction to entertain any suit or

proceeding in respect of anything done, action taken or orderor direction issued by the Central Government or any otherauthority or officer in pursuance of any power conferred by

or in relation to its or his functions under this Act.

23. POWERS TO DELEGATE

Without prejudice to the provisions of sub-section (3) of

section 3, the Central Government may, by notification in the


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Official Gazette, delegate, subject to such conditions andlimitations as may be specified in the notifications, such of its

powers and functions under this Act [except the powers to

constitute an authority under sub-section (3) of section 3 and

to make rules under section 25] as it may deem necessary or

expedient, to any officer, State Government or otherauthority.

24. EFFECT OF OTHER LAWS

(1) Subject to the provisions of sub-section (2), the provisions

of this Act and the rules or orders made therein shall haveeffect notwithstanding anything inconsistent therewith

contained in any enactment other than this Act.

(2) Where any act or omission constitutes an offence

punishable under this Act and also under any other Act then

the offender found guilty of such offence shall be liable to bepunished under the other Act and not under this Act.

25. POWER TO MAKE RULES

(1) The Central Government may, by notification in the

Official Gazette, make rules for carrying out the purposes of

this Act.

(2) In particular, and without prejudice to the generality of the

foregoing power, such rules may provide for all or any of the

following matters, namely--

(a) the standards in excess of which environmentalpollutants shall not be discharged or emitted under section

7;21


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(b) the procedure in accordance with and the safeguardsin compliance with which hazardous substances shall be

handled or caused to be handled under section 8;22

(c) the authorities or agencies to which intimation of thefact of occurrence or apprehension of occurrence of the

discharge of any environmental pollutant in excess of theprescribed standards shall be given and to whom all

assistance shall be bound to be rendered under sub-section

(1) of section 9;23

(d) the manner in which samples of air, water, soil or

other substance for the purpose of analysis shall be taken

under sub-section (1) of section 11;24

(e) the form in which notice of intention to have a sample

analysed shall be served under clause (a) of sub section

(3) of section 11;25

(f) the functions of the environmental laboratories,26 the

procedure for the submission to such laboratories of

samples of air, water, soil and other substances for

analysis or test;

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the form of laboratory report; the feespayable for such report and other matters to enable suchlaboratories to carry out their functions under sub-section

(2) of section 12;

(g) the qualifications of Government Analyst appointed orrecognised for the purpose of analysis of samples of air,

water, soil or other substances under section 13;28

(h) the manner in which notice of the offence and of the


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intention to make a complaint to the Central Government

shall be given under clause (b) of section 19;29

(i) the authority of officer to whom any reports, returns,

statistics, accounts and other information shall befurnished under section 20;

(j) any other matter which is required to be, or may be,

prescribed.

26. RULES MADE UNDER THIS ACT TO BE LAID

BEFORE PARLIAMENT

Every rule made under this Act shall be laid, as soon as maybe after it is made, before each Hose of Parliament, while it is

in session, for a total period of thirty days which may be

comprised in one session or in two or more successive

sessions, and if, before the expiry of the session immediatelyfollowing the session or the successive sessions aforesaid,

both Houses agree in making any modification in the rule orboth Houses agree that the rule should not be made, the rule

shall thereafter have effect only in such modified form or be

of no effect, as the case may be; so, however, that any such

modification or annulment shall be without prejudice to thevalidity of anything previously done under that rule.

1 It came into force in the whole of India on 19th November,

1986 vide Notification No. G.S.R. 1198(E) dated 12-11-86

published in the Gazette of India No. 525 dated 12-11-86.

2 The Central Government has delegated the powers vested m


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it under section 5 of the -Act to the State Governments of

Andhra Pradesh, Assam, Bihar, Gujarat, Haryana, HimachalPradesh, Karnatalca, Kerala, Madhya Predesh, Mizoram,

Orissa, Rajasthan, Sikkim and Tamil Nadu subject to the

condition that the Central Government may revoke such

delegation of Powers in respect of all or any one or more of

the State Governments or may itself invoke the provisions ofsection 5 of the Act, if in the opinion of the Central

Government such a course of action is necessary in public

interest, (Notification No, S.O. 152 (E) dated 10-2-88

published in Gazette No. 54 of the same date). These Powers

have been delegated to the following State Governments alsoon the same terms:

Meghalaya, Punjab and Uttar Pradesh vide Notification No.

S.0.389 (E) dated 14-4-88 published in the Gazette No. 205

dated 144-88;

Maharashtra vide Notification No. S.O. 488(E) dated 17-5-88

published in the Gazette No. 255 dated 17-5-88;Goa and Jammu & Kashmir vide Notification No. S.O. 881

(E~ dated 22-9-88; published in the Gazette No. 749 dated

22.9.88.

West Bengal Manipur vide Notificadon N. S.O. 408 (E) dated

6-6-89; published in the Gazette No. 319 dated 6-6-89;

Tripura vide Notification No. S.O. 479 (E) dated 25-7-91published in thc Gazene No. 414 dated 25-7-91.

3 For issuing directions see r.4 of Itnviromnent (Protection)

Rules, 1986.

4 See r. 3 of Environment (Protection) Rules, 1986 andSchedules thereto.

i. Schedule I lists the standards for emission or discharge of


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environmental pollutants from the industries, processes or

operations and their maximum allowable limits ofconcentration;

ii. Schedule II lists general standards for discharge of

effluents and their maximum limits of concentration

allowable;

iii. Schedule III lists ambient air quality standards in respectof noise and its maximum allowable limits; and

iv. Schedule IV lists standards for emission of smoke, vapour

etc. from motor vehicles and maximum allowable limits of

their emission.

5 See r. 13 of Environment (Protection) Rules, 1986, andi. Hazardous Wastes (Management and Handling) Rules,

1989;

ii. Manufacture, Storage and Import of Hazardous Chemicals

Rules, 1989; and

iii. Rules for the Manufacture, Use, Import, Export andStorage of Hazardous Micro organisms, Genetically-engineered organisms or Cells.

6 Rule 13 SUPRA.

7 See r. 5 of Environment (Protection) Rules, 1986.

8 See r. 12 of Environment (Protection) Rules and Schedule11, and relevant provisions of Hazardous Wastes

(Management and Handling) Rules, Manufacture, Storage

and Import of Hazardous Chemicals Rules and Rules for the

Manufacture, Use, Import Export and Storage of hazardousMicro-organisms, Genetically Engineered Organisms or

Cells.


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9 See r. 3 of Environment (Protection) Rules, 1486 and

Schedule I.

10 See r. 13 of Environment (Protection) Rules, 1986 and

i. Hazardous Wastes (Management and Handling) Rules,1989;

ii. Manufacture, Storage and h7lporl of Hazardous Chemicals

Rules, 1989; and

iii. Rules for the Manufacture, Use Import, Export and

Storage of Hazardous Micro organisms, Genetically

Engineered organisms or Cells.

11 For authorities or agencies see r. 12 of Environment

(Protection) Rules, 1986 and Schedule

12 The Central Govt. has empowered 60 persons listed in the

Table (p. 251) vide S.O. 83 (E) published in the Gazette ofIndia No. 66 dated 16-2-87 and S.O. 63 (E) published in the

Gazette of India No. 42 dated 18-1-88.

13 In excercise of powers conferred under sub-section (i) of

section 11 the Central Government has empowered 60

officers listed in the Table (p. 254) vide S.O. 84. (E)published in the Gazette No. 66 dated 16-2-87 and S.O. 62(E)

published in the Gazette No. 42 dated 18-l-88.

14 For procedure for taking samples see r. 6 of Environment

(Protection) Rules, 1986, also.

15 The Central Government has delegated its powers underclause (b) of sub-section (i) of section 12 and section 13 of

the Act to the Central Pollution Control Board vide


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Notification No. S.O. 145 (E) dated 21-2-91 published in the

Gazette No. 128 dated 27-2-91.

16 The list of laboratories/institutes recognised as

environmental laboratories: and the persons recognised asGovt. Analysts is given in the table (p. 223).



19 For qualifications of Govt. Analyst see r. 10 of

Environment (Protection) Rules, 1986.

20 In exercise of powers conferred under clause (a) of section

l9, the Central-Government has authorised the officers and

authorities listed in the Table (p. 238) vide S.O. 394 (E)published in the Gazette No. 185 dated 164-87, S.O. 237(E)

published in the Gazette No. 171 dated 29-3-89 and S.O.

656(E) dated 21-8-89 published in the Gazette No. 519 dated

21-8-89.

21 See footnote 2 on Page 213.

22 See footnote 3 on Page 213.

23 See footnote I on Page 214.

24 See r.6 of Environment (Protection) Rules, 1986.



26/26


27 For the procedure for submission of samples to laboratories

and the form of laboratory report see r. 8 of Environment

(Protection) Rules, 1986.


29 See r. 11 of Environment (protection) Rules, 1986.

THE ENVIRONMENT (PROTECTION) ACT, 1986.pdf

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